Acts Considered as Infringement of Design Rights and Legal Processes
Design rights grant the design owner exclusive rights and prohibit unauthorized use by third parties. The following acts are considered as infringement of design rights:
Acts Considered as Infringement of Design Rights:
1️⃣ Unauthorized Use and Counterfeit Production ✔ The production, distribution, sale, commercial possession, importation, or commercialization of the design or a design that is indistinguishable from it, without the permission of the design owner.
2️⃣ Misuse of License Rights ✔ If a person granted a license by the design owner improperly extends the granted rights or transfers them to third parties without authorization.
3️⃣ Usurpation of Design Rights ✔ The unjust appropriation of the design owner's rights by another party.
Legal Methods for Protecting Design Rights:
✅ Legal Protection for Registered Designs Once the design registration certificate is published, a lawsuit can be filed against those infringing the design right. Malicious infringements can even be protected by the court before the design is published.
✅ Legal Protection for Unregistered Designs Unregistered designs also have the right to file a lawsuit for infringements of their design rights after being made available to the public.
✅ Failure to Indicate the Design Registration on Packaging or Invoice Not indicating that a design is protected on the packaging, invoice, or product does not absolve the infringing party from liability.
If you wish to receive professional support to protect your design rights, feel free to contact us!